Thanks Kris - "operationalization" is at two levels. One is that the Cabinet Secretary/Minister for matters related to Trade is expected, within the Consumer Protection Act, 2012, to "operationalize" by appointing the Kenya Consumer Protection Advisory Committee and the other "operationalization" is that he has to "appoint a date" in 90 days when the law comes into "effect". After 90 days, it automatically takes effect but it will still be lame. Trouble is that the Minister can't "operationalize" what he hasn't seen. But immediately the President assents, it becomes law but the effective date may be progressive. In this case we have received a formal confirmation from the Ministry of Trade that they are also waiting for the Government Printer to publish it. Please join us for the peaceful demonstration on February 21st. The office of the Government Printer has, by all means, been slow to publish Bills and Acts. One wonders whether there is any further appraisals are ever conducted on such persons. Section 94 of that Act, it may interest some people on this list, reads thus; 94. There shall be consumer representation on all regulatory bodies and the respective appointing authorities shall have due regard to accredited consumer organizations and the Advisory Committee in making such appointments. ________________________________ From: kris njoroge <krsnjo@gmail.com> To: smutoro@yahoo.com Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thursday, February 14, 2013 5:23 PM Subject: Re: [kictanet] Off topic: COFEK Good point would also like to know if the law has to be published for it to be operationalize. Thought the whole idea of the government printer is just for communication purposes. On Thu, Feb 14, 2013 at 12:39 PM, Brian Munyao Longwe <blongwe@gmail.com> wrote: Opps, forgot to include link to the article I refer to:
On Thu, Feb 14, 2013 at 2:17 PM, Brian Munyao Longwe <blongwe@gmail.com> wrote:
I'm sorry but I must bring this up here as there was a recent discussion involving COFEK.
Today I saw COFEK on social media calling consumers to join them in a protest outside Govt printerr office. I followed the link indicated in their post to find out what the fuss was about and found this: The Consumers Federation of Kenya (Cofek) is concerned at the poor performance by the office of the Government Printer headed by Mr Andrew Rukaria (pictured). Since assent of the Consumer Protection Act on December 13, 2012 the Government Printer's office has been giving endless excuses from backlog to lack of films and other materials. Meanwhile the Act remains unpublished and it cannot be operationalized as a result. Our numerous calls and letters have only yielded in unfulfilled and indefinite pledges of printing the same. Mr Rukaria has also taken to avoiding our calls. From the foregoing, we hereby demand for his voluntary resignation within seven days. Failure to do so, Cofek will simultaneously seek for judicial intervention. Cofek, will after this ultimatum, mobilize consumers to physically eject him from his office for his consistently poor and unacceptable performance.What I don't understand is:
1. Since when was it that an Act cannot be operationalized simply because it hasn't been printed by Govt printers? 2. Isn't there an electronic version of this Act that can be used/referred to in case of legal issues/action? 3. Is there anything stopping COFEK from printing their own copies of the Act? (If they need it so badly) Please enlighten me?Mblayo
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